01/20/1993 • REIMBURSEMENT AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
This is an Agreement by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the
DEPARTMENT) and Monroe County ,(hereinafter referred to
as the AGENCY) and is based on the following premises:
WITNESSETH:
WHEREAS, the DEPARTMENT has been granted specific legislative
authority to enter into this agreement pursuant to Section 20.23
(7), Florida Statutes; and
WHEREAS, the implementation of this agreement is a result of
Hurricane Andrew, under which a State Of Emergency was declared by
Governor Lawton Chiles on August 23, 1992, and
WHEREAS, the DEPARTMENT and the AGENCY wish to participate
jointly to complete work necessitated by the destruction of
Hurricane Andrew, and
WHEREAS, it is in the interests of both the DEPARTMENT and the
AGENCY and it would be most practical, expeditious, and economical
for the AGENCY to perform the services to effect such work, and
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the DEPARTMENT and the AGENCY agree as follows:
Page 1
A) COMPENSATION AND PAYMENT:
1) The DEPARTMENT agrees to reimburse the AGENCY, to the
extent received from the Federal Emergency Relief Fund, for
eligible amounts for the following work performed on the
federal -aid system, which includes state, city, and county
qualifying facilities: Repair signs, roadway, bridges, and debris
removal on C -905 and C -905A. Repair toll booth and equipment on
C -905A provided that a toll agreement is executed as required by
Section 129(a)(3) of Title 23, U.S.C. Damages were caused by rain,
hicth winds, and tide surge from Hurricane Andrew as detailed in
EXHIBIT A attached hereto.
2) The Agency must provide documentation as follows for cost
reimbursement contracts. This documentation will be evaluated
individually before reimbursement is authorized:
(a) Salaries: A payroll register or similar documentation
should be submitted. The payroll register should show gross salary
charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the
hour, a document reflecting the hours worked time the rate of pay
will be acceptable.
(b) Fringe Benefits: Fringe benefits should be supported by
invoices showing the amount paid on behalf of the employee (e.g.,
insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than
the actual cost of fringe benefits, then the calculation for the
fringe benefits amount must be shown.
Page 2
(c) Travel: Reimbursement for travel must be in accordance
with Section 112.061, Florida Statutes, which includes submission
of the claim on the approved State travel voucher.
(d) Other direct costs: Reimbursement will be made based on
paid invoices /receipts.
(e) In -house charges: Charges which may be of an internal
nature (e.g., postage, copies, etc.) may be reimbursed based on a
usage log which shows the units times the rate being charged. The
rates must be reasonable.
(f) Indirect costs: If the contract specifies that indirect
costs will be paid based on a specified rate, then the calculation
should be shown.
(g) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof.
(h) The AGENCY providing goods and services to the DEPARTMENT
should be aware of the following time frames. Upon receipt, the
DEPARTMENT has five (5) working days to inspect and approve the
goods and services, unless the Agreement specifies otherwise. The
DEPARTMENT has 20 days to deliver a request for payment (voucher)
to the Department of Banking and Finance. The 20 days are measured
from the latter of the date the invoice is received or the goods or
services are received, inspected and approved.
(i) If a payment is not available within 40 days, a separate
interest penalty of .03333 percent per day will be due and payable,
in addition to the invoice amount, to the AGENCY. Interest
Page 3
penalties of less than one (1) dollar will not be enforced unless
the AGENCY requests payment. Invoices which have to be returned to
the AGENCY because of AGENCY preparation errors will result in a
delay in the payment. The invoice payment requirements do not
start until a properly completed invoice is provided to the
DEPARTMENT.
(j) A Vendor Ombudsman has been established within the
Department of Banking and Finance. The duties of this individual
include acting as an advocate for the AGENCY which may be
experiencing problems in obtaining timely payment(s) from the
DEPARTMENT. The Vendor Ombudsman may be contacted at (904) 488-
2924 or by calling the State Comptroller's Hotline, 1- 800 - 848 -3792.
3) The AGENCY agrees to complete the work on or before the
expiration of 180 days from August 23, 1992, in order to be
eligible for a 100% reimbursement of cost incurred for the above
listed work. If the work is not completed the work within the
specified 180 days, reimbursement will be limited to 80% of the
cost incurred for the above listed work. Work performed beyond a
two (2) year period from August 23, 1992, will not be eligible for
reimbursement.
4) This Agreement shall terminate on August 23, 1994.
5) The AGENCY shall submit invoices to the DEPARTMENT for
reimbursement within 30 days from the date the work is completed.
For work already performed, invoices shall be submitted within 30
days of the execution of this Agreement. The invoices shall
contain or have attached the following support documentation: a)
Page 4
Damage Assessment Report # ER -A -1, ER -A -2, covering the specific
work being invoiced; b) the Work Program Item #6116906, covering
the specific work being invoiced; c) date upon which the invoiced
work was completed; d) a brief description work performed; e)
statement indicating whether the invoiced work was performed by
AGENCY crews or private companies for and on behalf of the AGENCY.
6) The AGENCY agrees that the maximum dollar amount for
contracts is $ 307,110 (as detailed in the Work Program).
7) Reimbursement for any work performed will be contingent
upon an inspection and final approval by the DEPARTMENT.
8) The DEPARTMENT shall not be obligated hereunder to any
party other than the AGENCY, and any checks for reimbursement will
be made out to the AGENCY.
B) MISCELLANEOUS:
1) The DEPARTMENT reserves the right to unilaterally cancel
this agreement for refusal by the AGENCY to allow public access to
all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received
in conjunction with this Agreement.
2) This Agreement may be cancelled by the DEPARTMENT in whole
or in part at any time the interest of the DEPARTMENT requires such
termination.
3) Records of all costs incurred for the work previously
specified in this Agreement, shall be maintained and made available
upon request to the DEPARTMENT at all times during the period of
this Agreement and for three (3) years after final payment is made.
Page 5
Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred includes the
AGENCY'S general accounting records and the project records,
together with supporting documents and records, of the AGENCY and
any private companies performing work on the project for and on
behalf of the AGENCY, and all other records of the AGENCY and
private companies considered necessary for a proper audit of the
costs.
4) To the extent permitted by law, the AGENCY shall
indemnify, defend, save, and hold harmless the DEPARTMENT and all
its officers, agents or employees from all suits, actions, claims,
demands, liability of any nature whatsoever arising out of, because
of, or due to the breach of the Agreement by the AGENCY or its
subcontractors, agents or employees or due to any negligent act, or
occurrence of omission or commission of the AGENCY, its
subcontractors, agents or employees. Neither the AGENCY or any of
its agents will be liable under this section for damages arising
out of injury or damage to persons or property directly caused or
resulting from the sole negligence of the DEPARTMENT or any of its
officers, agents or employees.
5) This document incorporates and includes all proper
negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that
are not contained in this document.
Page 6
6) It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
7) If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected. In such an
instance the remainder would then continue to conform to the terms
and requirements of applicable law.
IN WITNESS WHEREOF, the Parties haves caused this Agreement to
be executed in its behalf this ,,2 7 day of fop,,-/ , 1994
AGENCY FLORIDA DEPARTMENT OF
MONROE r NTY TRANSPORTATION
BY: ir� _
STR SECRETARY
4 - TLE: Mayor /Chairman
ATTEST: L. KOLHAGE,CLER�SEAL) ATTEg : f 1" •ii„.,? ;. ° (SEAL)
E•` CUTIVE •" 'RETARY
OR NOTARY
TV= :Qc2.2 C. .431,44,rtfi:ei
BY - Deputy Clerk /_,R 0 . 93
FUNDING APPROVED BY APPROVED AS TO •!u LEGALITY
COMPTROLLER �; wow
P � [D A T7 F ^� "�J
A D E CL S �' C Y.
By "'j
Cate E- .> ✓± ?1
Page 7
. J1 03:36 PM FROM FED EWY ADM - FL DIV P02/03
i
4, U.S. DEPARTMENT OF TRANSPORTATION
4 J •
FEDERAL HIGHWAY ADMINISTRATION — REGION Report No. /'
as DeOortment Sheet No. /_ of 4-- x Sketch Made: Yes
teetered 149e ay DAMAGE ASSESSMENT FORM . -
IcItntnistretion
-
(Title 23, Federal -Aid System /Federal Domains Disaster No
Applicant: County Inspection Date: •
/%e d9ei4"./ - ,,, - 9 Z
Location of Damage (Name of Road and Mile Post) Federal -Aid Route
•
d?2, / 7 aJ ?6 T o7/ u
Road /Bridge Data Bridge No. Type Loco! Route No.
Traveled Way: Width /J� Type
Shoulder: Width Type - - C X — 9o.S/4
•
Description of Damage: ADT (Existing)
•
JCS 49
1 / " ZED ,0711 Photos
Roll # Picture
_ COST ESTIMATE
Description of Work to Date and Work Remaining Unit
I
Quantity Unit (Equipment. Labor and Materials) Price Cost
; ' (9 —0,7107 / /?9L'/_,41 -e ,e,570/9,4QP .
v
E
wt
I
I
Recommended Method of Work: Force Account C. Contract J" Total Emergency $ Gl'/J(2.0
1 ' it en ■_0401., / i mwm _41 1 _ • 1 ,
� . _
c ' ff' / rliMa . •, 1'0 D
' jr, d y ..4 7:0 r . i : ./ •
j
..•
Q / / ! / 0 "7 b
Recommended Met oQ o t' Fo c ccoun E" Contract 2' otai Restorat c0 8
Envir mental Assessment Recommendation: Preliminary Engineering • -- - - -- $ Q- D
Not Required Major Action Conetructlon Engineering $
(Emergency Only) ` Nonmajor Action Right - of.Way --- --- - - - - -- 8
_ • TOTAL ESTIMATED COST s 1 ',
FHW En 'Weer C oate
Recommendation Elig. 0 Inelig. �%�OC, 1 91/
:Aare Engineer � Da
Concurrencay V(' = No t7 et It 7 / Li t .2,,,,,_.
. 'j1 03:36 PM FROM FED H'Y ADM — FL DIV x02/03
1. .
der) .
U.S. DEPARTMENT OF TRANSPORTATION Ep _ ,
FEDERAL ADMINISTRATION -- REGION Report No.
.30.00m.,,,
Sheet No../_ of ...1.-_
YItanCionancn Made: Yea
`eesrei" DAMAGE ASSESSMENT FORM S
nammistranen Disaster No.:
(Title 23, Federal -Aid System /Federal Domain)
Applicant: County Inspection Date:
Ilatotp 6ejA 9,' .. ,q7___
Location of Damage (Name of Road and Mile Post) Federal -Aid Route
65.a.4 /6eti 90C- .
Road /Bridge Oars Bridge No. _ Type ! Local Route No.
Traveled Way: Width /In Type �7
Shoulder: Width Type - vJC� ` gD.s
Description of Damage:. ADT (Existing)
-
�i Photos I — ' 9� ��� Roll I Picture
COST ESTIMATE
j - l Description of Work to Date and Work Remaining Unit
1 Quantity 1 Unit I (Equipment. Labor and Materiels) Price Cost
1 i AO '1-04t// g OA / -704 ‘ .-
- - ea., 44.9.ei.i 7,(9‘2 , Wpoe9 . .
I ' �
Recommended Method of Work: Force Account E Contract 0 Total Emergency $ OQIl/0
c L - ,
o
m
X
T
-
Recommended Method of Work: Force Account EV Contract ❑ Total Restoration $
, Environmental Assessment Recommendation: Preliminary Engineering - -- - - -- $ e5
i✓ Not Required, �.. Major Action Construction Engineering 6 c0
(Emergency Only) Nonmajor Action Right -of -Way ---- (---------- - - - --- $ �/
TOTAL ESTIMATED COST $ ." J j/
•
,_ FH E gineer ' sate
Recommendation ✓Elig. ❑ inalig. 9 4'2,.
------ erkAt / ngineer , Date
Concurrences '! Yes No cOf [ ' —
OPATS01A 00 6116906 03/09/93 15 :59:53
DEPARTMENT OF TRANSPORTATION
WPAB003 WORK PROGRAM ITEM OVERVIEW ADOPTED WORK PROGRAM PAGE 1
ITEM NUMBER 6116906 STATUS 005 ADOPTED, NOT BEGUN AS OF 10/03/92
NAME MONROE COUNTY FROM HURRICANE ANDREW TO
CONTRACT CLASS 1 PROJ.MGR FERNANDEZ BOXCODE XX LTH MAP REF NO 000
MAJOR WORK MIX 0060 MAINTENANCE ACTION COUNTY 90 MONROE
COMM 1 XTRA.DESC 1 DEBRIS, SIGNS, ROADWAY, BRIDGES & TOLLS. DESTROYED AND/
1 XTRA.DESC 2 AFFECTED BY HURRICANE ANDREW
1 XTRA.DESC 3 NOTE: COUNTY ROAD 905 & 905A ON FED HWY SYS; ER- A -1,A -2
* * * * * * * * * * * * * * * * * * * * * * * * * * * * ** P H A S E S * * * * * * * * * * * * * * * * * * * * * * * * * * * **
PHASE ESTIMATED TOTAL TOTAL FUND AGC
NO. DESC. STATUS AMOUNT ALLOTMENT EXPENDED FY CODE PGM NO
50 GRANT /MISC ADOPTED 300,000 0 0 93 ERH 6112
90000 - 3515 -810
-ER - 92 -1( 35)
TOTAL 300,000 0 0
INQUIRY COMPLETE
PF2:WPATS02A PF3 WPATS06A PF4 :WPATS19A PF5 :WPATS20A PF10:MENU
48111 Aa B1�-- MAINFRME R 1 C 2 o -oP1 15 :57 3/09/93
{
3
A
EXHIBITA
Item Number 6116906 F. A. P. Number ER -92 -1(35)
State Job Number 90000 -3515 Phase 50
The work included in this project was performed or undertaken by
Monroe County and involves emergency repairs on CR -905A and CR- 905.
The Department will pass the participating Emergency Relief funds to the
County through a reimbursement agreement between the Department and
the County. A Section -129 Agreement (Toll Agreement) is being executed
by the County to allow Federal funds to be used on CR -905A. The work
contained in this project consists of three (3) parts.
The first part of the project is reimbursement to the County for force
account work (labor and equipment) performed for debris removal,
emergency highway and toll facility repairs, and emergency bridge repairs.
The County estimates that they have incurred $62,000 in performing this
work. This consists of $37,000 for debris removal and highway related
repairs, and $25,000 for bridge repairs at Saunder's Creek. The County will
provide the Department with invoices of actual costs, less any insurance
reimbursement for the toll facility repairs.
The second part of the project is reimbursement to the County for
emergency purchase orders for materials and vendors to perform repairs.
The County estimates that the purchase orders associated with emergency
repair work total $75,000. This consists of $62,000 for materials and vendors
associated with highway and toll booth repairs, and $13,000 for materials
used in bridge repairs at Saunder's Creek. The County will provide the
Department with invoices of actual costs, less any insurance reimbursement
for the toll facility repairs.
The third part of the projects is reimbursement to the County for
contract work to complete repairs of damages at two (2) bridges. The
County requested proposals from three (3) contractors on December 10,
1992 to perform the work. The estimated cost for performing the work is
$170,110. The County will provide the Department with invoices of actual
costs of performing this work.